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Publication Date: 2021-04-19
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0419
The trial court erred in construing defendant's challenge to his registration, notification and counseling requirements under the new Sexual Offenders Registration and Notification Act as an untimely Post Conviction Relief Act petition as his challenges to the SORNA requirements were not cognizable under the PCRA. The superior court affirmed on the merits.
Publication Date: 2021-04-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0426
PCRA court erred in granting relief to defendant based on retroactive application of Birchfield v. North Dakota, which could not apply retroactively on collateral review, but remand was necessary to allow defendant to preserve his issues for appellate review. Order of the PCRA court vacated, case remanded.
Publication Date: 2021-03-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0280
Trial court erred in refusing to make a finding of child abuse and in admitting testimony of parent's expert because parents did not meet their burden of showing the medical community generally accepted the scientific methodology used by expert in reaching his conclusion that metabolic bone disease of infancy caused infants' fractures and court disagreed with trial court that publication proved that doctors and scientists in the medical field generally accepted parent's expert's scientific methodology as a means for concluding MBDI ca
Publication Date: 2021-01-25
Practice Area: Insurance Law
Industry:
Court: Superior Court
Judge: Judge Bender
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for defendant:
Case Number: 21-0067
Insured, who claimed that policyholder had not validly waived underinsured motorist coverage, could be held subject to the forum selection clause that was in the insurer's standard UIM provision in a case seeking to reform the insurance contract to include UIM coverage. Order of the trial court affirmed.
Publication Date: 2020-10-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1130
While the trial court properly held that the odor of marijuana does not per se establish probable cause to conduct a warrantless search of a vehicle, the court failed to afford that factor any weight and did not appear to evaluate any other relevant factors in its probable cause analysis. The superior court vacated a suppression order and remanded for reconsideration.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2020-09-21
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1029
Motion to suppress drugs and paraphernalia erroneously denied where police could not engage in a warrantless entry of a private residence under the public servant exception in the community caretaking doctrine as officers lacked facts to support a reasonable belief that defendant was in need of immediate mental health assistance or care. Judgment of sentence vacated, case remanded for new trial.
Publication Date: 2020-09-07
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0961
The Philadelphia Department of Human Services met its burden of establishing prima facie evidence that mother was the perpetrator of child abuse where the record established, by clear and convincing evidence, that the minor child was in mother's care at the time of injury and that such injuries would not ordinarily have been suffered but for the acts or omissions of her mother. The superior court affirmed the trial court's order. The superior court affirmed an order finding mother to be a perpetrator of child abuse.
Publication Date: 2020-09-07
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0973
Trial court properly found mother was a perpetrator of child abuse pursuant to 23 Pa.C.S. §6303(b.1)(5) and trial court's finding was not an abuse of discretion where evidence showed mother rubbed knife over toddler's body and threatened to drop a plugged-in iron in bath tub of water in which toddler and sibling were sitting. Affirmed.
Publication Date: 2020-08-24
Practice Area: Criminal Appeals
Industry: Legal Services
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0905
When a defendant is being sentenced for a non-violent crime, a single prior conviction for a non-enumerated crime of violence does not alone constitute a history of past violent behavior so as to trigger ineligibility for the Recidivism Risk Reduction Incentive Act program; therefore, the trial court erred in finding defendant ineligible for the program. The superior court vacated defendant's judgment of sentence.
Publication Date: 2020-08-24
Practice Area: Personal Injury
Industry: Energy | Transportation
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0912
Trial court erred in granting summary judgment to defendants based on a statutory employer defense arising from §302(a) of the Workers' Compensation Act where plaintiff's employer had been contracted to transport and deliver materials, rather than to dig for or excavate minerals. Order of the trial court vacated, case remanded.
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